84R19412 AJZ-D
By: Farrar, King of Taylor, Collier H.B. No. 232
Substitute the following for H.B. No. 232:
By: Simmons C.S.H.B. No. 232
A BILL TO BE ENTITLED
AN ACT
relating to the promotion of breast-feeding and the prohibition
against interference with or restriction of the right to
breast-feed; creating a civil action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 165.001 and 165.002, Health and Safety
Code, are amended to read as follows:
Sec. 165.001. LEGISLATIVE FINDING. The legislature finds
that breast-feeding a baby is an important and basic act of nurture
that must be encouraged in the interests of maternal and child
health and family values. In compliance with the breast-feeding
promotion program established under the federal Child Nutrition Act
of 1966 (42 U.S.C. Section 1771 et seq.), the legislature
recognizes breast-feeding as the best method of infant nutrition.
The legislature intends that all persons be informed of the rights
of a breast-feeding mother and child and be prohibited from
interfering with those rights.
Sec. 165.002. RIGHT TO BREAST-FEED. (a) A mother is
entitled to breast-feed her baby in any location in which the mother
and the child are otherwise [is] authorized to be. A mother's
authority to be in a location may not be revoked for the sole reason
that she begins to breast-feed.
(b) A person may not interfere with or restrict the right of
a mother to breast-feed in accordance with this section.
SECTION 2. Subchapter A, Chapter 165, Health and Safety
Code, is amended by adding Section 165.005 to read as follows:
Sec. 165.005. STATE AGENCY "MOTHER-FRIENDLY" WORKSITE. To
the extent reasonably practicable, each state agency shall develop
a policy supporting the practice of worksite breast-feeding under
Section 165.003.
SECTION 3. Chapter 165, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. NOTIFICATION AND CIVIL CAUSE OF ACTION
Sec. 165.101. NOTIFICATION BY COMPTROLLER. (a) The
comptroller at least annually shall include in the comptroller's
tax policy e-newsletter or otherwise electronically provide
notification of the right of a mother to breast-feed and the
prohibition against interference with or restriction of that right
as provided by Section 165.002.
(b) The comptroller shall make the notice required by
Subsection (a) available at each taxpayer seminar offered by the
office of the comptroller.
(c) The comptroller may also provide the notification
required by this section with any other notice or document mailed to
a person with whom the comptroller communicates.
Sec. 165.102. CIVIL CAUSE OF ACTION. (a) Except as
provided by Subsection (d), a mother may bring a civil action
against a person who is alleged to have violated the mother's right
to breast-feed a child under Section 165.002.
(b) A mother who prevails in an action under this section is
entitled to obtain:
(1) injunctive relief;
(2) damages of up to $500 for each day a violation of
Section 165.002 occurred; and
(3) reasonable attorney's fees and court costs.
(c) Notwithstanding any other law, a person liable for
damages under Subsection (b)(2) is liable for only one damages
award of $500 for each day a violation of Section 165.002 occurs,
and for all violations of Section 165.002 that the person commits on
that day, regardless of the number of violations alleged or the
number of mothers claiming that a violation has occurred. A mother
may recover only one damages award for each day a violation of
Section 165.002 occurs, regardless of the number of persons who
violate that section.
(d) A mother may not bring a civil action under Subsection
(a) against a person who is alleged to have violated the mother's
right to breast-feed under Section 165.002 if the violation is
alleged to have occurred at a private home and alleged to have been
committed by the person who owns the home.
SECTION 4. This Act takes effect September 1, 2015.